In interpreting this Ordinance, the following rules shall prevail:
Words used in the present tense include the future. The singular form of a word includes the plural and vice versa.
The word “building” includes “structure” and any part thereof and includes free standing signs, antennas, towers, inground swimming pools, windmills and solar collector panels.
The phrases “used for”, “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for” are used interchangeably.
The word “person”, includes an individual, corporation, partnership, or any association of the above acting as an entity.
The terms “includes” and “including” are not meant to limit the definition to those enumerated examples but are intended to extend these terms to all other instances of like kind and character.
The words “shall” and “will” are mandatory and not discretionary. The word “may” is permissive.
The word “lot” includes the words “plot” and “parcel”.
Section 1301 – Definition of Terms
Terms and phrases used in this Ordinance are intended to convey the meanings contained in the Pennsylvania Municipalities Planning Code and in the following definitions:
Accessory Building or Use
A use or detached building which is incidental and subordinate to the principle use or building on the same lot.
A dwelling unit that is secondary to and located upon the same lot as a principal dwelling unit. The occupancy of the accessory dwelling unit shall be limited to persons who are related by blood or adoption to the occupants of the principal dwelling unit.
Any place to which the public permitted or invited wherein coin operated or slug operated or electronically, electrically or mechanically controlled still or motion producing devices are maintained to show images to five (5) or fewer persons per machine at any one time or where the image is so displayed or distinguished or characterized by depicting or describing “specified sexual activities” or “specified anatomical areas”.
Adult Cabaret, Adult Dance Hall, Adult Club, Adult Bar, Adult Tavern, Night Club, Restaurant or Similar Commercial Establishment
Any establishment offering “adult entertainment”; any cabaret, dance hall club, tavern, bar, night club, restaurant or similar commercial establishment offering entertainment used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein whether or not liquor is sold on the premises. Such presentation or material may be live or through films, motion pictures, video cassettes, slides or other photographic reproduction depicting or describing “specified sexual activities” or “specified anatomical areas”.
Live or non-live entertainment containing “specified sexual activities” or displaying or presenting “specified anatomical areas”. This definition is a broad overall definition which includes the activities in an adult cabaret, adult dance hall, adult club, adult bar, adult tavern, adult materials sales, adult mini motion picture theater, adult motion picture theater and peep shows as part of its definition for adult entertainment.
The opening or commencement of any adult entertainment as a new business;
The conversion of an existing business, whether or not an adult entertainment, to an adult entertainment business;
The additions of any adult entertainment business to any other existing adult entertainment business; or
The relocation of any adult entertainment business.
Adult Mini Motion Picture Theater
Any enclosed or semi-enclosed or unenclosed building which houses a commercial establishment with the capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein.
A hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration; provides patrons closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas”.
Adult Motion Picture Theater
Any enclosed or partially enclosed or unenclosed building which houses a commercial establishment with the capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into a flight through the air.
Philadelphia International Airport.
Any structure or object, natural or manmade, or use of land which obstructs the air space required for flight or aircraft and landing or taking off at an Airport or is otherwise hazardous as defined by “airport hazard” in 74 Pa.C.S.A. §5102.
Airport Hazard Area
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this Ordinance and Act 164 of 1984, the Aviation Code, 74 Pa.C.S.A. of §5101 et seq.
A public or private right-of-way primarily designated to serve as secondary access to the side or rear of those properties whose principal frontage is on some other public way.
The construction or renovation of a portion of a building which involves any change or replacement of a structural element of the building other than those changes specifically excluded by the definition of minor alterations.
The construction or renovation of a portion of a building which:
does not involve any change or replacement of structural elements of the building provided that said alteration does not increase the number of residential or commercial units beyond that which is permissible in the district regulations.
involves structural changes or replacement but only to the extent that:
such changes or replacements involve altera¬tion of interior partitions except as limited in “a” above.
allows for the making of openings for doors and windows in exterior walls.
strengthens the load bearing capacity of not more than fifty percent (50%) of the total floor area.
A landowner or developer who has, personally or through his heirs, successors and assigns, filed an application for land development.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
Assisted Living Facility
A building or series of buildings containing residential living facilities for person age fifty-five (55) or older and which provides personal and health care services, 24-hour supervision, and various types of assistance in daily living.
A use in which the practice of astrology, palmistry, phrenology, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, prophecy, augury, seership, necromancy, and other similar practices is performed as a business.
Automobile or Motor Vehicle Sales Agency
A building for which the principle purpose is the sale or lease of new or used automobiles. This shall be interpreted to include new or used automobile sales or rental lots and associated vehicular storage as an accessory use only, but shall not be interpreted to include the sale, rental, or storage of “junked” automobiles or automobiles intended for disassembly and sale of used parts.
Bar or Tavern
A commercial establishment, under license from the Pennsylvania Liquor Control Board, which is principally engaged in the retail sale of alcoholic beverages, with food only incidental to the sale of alcohol.
A tract of land bounded by streets, public park area, railroad rights of way, streams, or the corporate boundary line of the Township.
An individual who is not related to the head of the household in which he resides and who purchases or leases accommodations which consist of less than a dwelling unit as defined herein.
Any dwelling in which two or more individuals are housed or lodged who are not related, under the definition of Family herein, to the head of household in which he/she resides and who purchases or leases accommodations which consist of less than a dwelling unit as defined herein.
A land area that may be used to buffer and/or otherwise screen land uses and that is composed of one or more of the following: wooded areas, streams, stream corridors, steep slopes, swamps, flood plains, wetlands, and radical topographic features. Such land may be used to satisfy all or portions of buffer/screening requirements. Use of any natural buffer must also comply with the requirements of the Upper Darby Township Floodplain Ordinance and the Riparian Corridor Overlay District.
Buffer Planting Strip
A strip of required yard space adjacent to a property line or district boundary of a width as prescribed herein. The buffer planting strip shall be landscaped for its entire length and shall consist of rows of high and low level vegetation in such a manner as to produce an effect and immediate visual screen to adjacent properties or districts. The high level vegetation shall consist of evergreen trees of minimum initial height of five feet, planted ten feet on center. The low level vegetation shall consist of alternating rows of evergreen shrubs of initial height of not less than two feet and planted in alternating rows five feet on center. Vegetation planted in accordance with these requirements and the specifications of the Shade Tree Ordinance, whichever is more stringent, shall be replaced whenever warranted because of death, disease, or removal.
Building or Structure
Anything, other than a sign or fence as permitted by this or other appropriate ordinances, which is constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. In-ground swimming pools are considered structures. Flag poles, ornamental decorations, statues, bird baths, etc. are not considered structures.
The aggregate of all horizontal cross sectional areas of all buildings on a lot including roofed porches, breeze¬ways, and balconies, but excluding sidewalks, driveways, and other hard surface areas not directly related to a building and also excluding such projections into required areas as are permitted in Article X, Section 1006. The area of in-ground swimming pools is included in the building coverage. Decks, patios, sheds, detached garages, above-ground pools, etc., shall not be counted towards building coverage in residential districts.
The line parallel to the street equal to the required lot width and which is set back from the right of way line a distance at least equal to the minimum required front yard in the district.
The term used to describe the size of buildings and their relationship to each other, to open areas such as yards, and to property lines.
Business or Trade School
A commercial educational facility that offers instruction and practical introductory experience in skilled trades.
The surface of a street or alley available for vehicular traffic.
A structure used for the cleaning and polishing of the exterior and interior surfaces of an automobile, including self-service car washing establishments, but excluding a one bay washing facility which is accessory to a gasoline service station or an automobile sales agency.
Land used or intended to be used for the burial of the remains of the deceased. A Columbarium is considered to be a cemetery.
Certificate of Occupancy
A statement signed by a duly authorized Township official stating that a building or use legally complies with the Zoning Ordinance and other applicable codes.
An organization which pro¬vides social, recreational, educational, athletic or cultural activities for members and their guests.
Congregate Care Facility
A building or series of buildings containing residential living facilities intended as housing for persons age fifty-five (55) or older and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service.
Convalescent or Nursing Home
A building, except a hospital, used for the care, treatment, or lodging for three (3) or more persons who are infirm or otherwise suffering from chronic physical or mental illness.
A change in the use of a building from the use for which it was originally intended.
A lot located at the intersection of two or more streets.
Commercial Motor Vehicle
A vehicle used as a commercial vehicle in connection with a commercial enterprise, trade, profession or industry by the owners or users of said vehicle.
Community Recreation Centers
A facility used to provide social and recreational programs generally open to the public and designed to accommodate and serve some segment of the community.
Day Care Center
A facility that provides care and feeding during the business day for more than five (5) children, babies or elderly adults who must not be left alone.
The number of dwelling units per acre of lot area.
A building or combination of buildings used for living quarters as an accessory use to a private school, college, university, convent, monastery or other similar uses.
A private cartway located on private property providing vehicular access from such property to and from a public or private street.
A form of access, which is not a street, but extends from a street serving to provide common vehicular access to more than one residential lot.
Driveway, Interior Circulation
Any driveway located within an off-street parking area that provides vehicular access to and from parking spaces.
Any driveway located within an off-street parking area that provides direct vehicular access to and from arterial and collector streets.
A building designed for or occupied exclusively as a residence by two (2) or more families living independently of each other. Multi-family dwelling may include apartment buildings, apartment hotels, retirement apartments, and group homes.
Dwelling, Single Family Attached
A building designed for or occupied exclusively as a residence for only one (1) family (as defined herein), having two party walls in common with other primary structures at each side of the residence, except in the case of the end of a row in which case there shall be only one party wall. Front and rear areas are provided in every case but a side yard is found only in the case of the end of a row. Single family attached dwellings are often called row homes or town houses.
Dwelling, Single Family Detached
A building designed for or occupied exclusively as residence for only one family (defined herein), having no party walls in common with any other adjacent primary structures and having yard areas on all four sides.
Dwelling, Single Family Semi-Detached
A building designed for or occupied exclusively as residence for only one (1) family (defined herein) having one party wall in common with an adjacent primary residence and having a front, rear and one side yard area; corner lots-no side yard.
Dwelling, Two Family Detached
A building designed exclusively for or occupied as a residence for two (2) families (defined herein), living indepen¬dently of each other, with one (1) family living wholly or partly over the other family, and the building having no party walls in common with any adjacent primary buildings. Yard areas are provided on all four sides.
Dwelling, Two Family Semi-Detached
A building designed exclusively for or occupied as a residence for two (2) families (defined herein), living independently of each other with one (1) family living wholly or partly over the other family and the residences sharing one common party wall with an adjacent primary structure. A front, rear, and one side yard is provided, except that corner lots have no side yard.
One room or a group of rooms connected together, constituting a separate housekeeping unit which, at a minimum, must include living and/or sleeping rooms, cooking facilities and sanitary facilities.
The largest number of persons to be employed in the building in question during the largest shift at any time of the year.
The Federal Aviation Administration of the United States Department of Transportation.
The face of a building that is exposed to public view.
One (1) or more persons related by blood, adoption, marriage, or legal guardianship occupying a single dwelling unit, or not more than four (4) persons not related by blood, marriage, adoption, or legal guardianship occupying a single dwelling unit. For purposes of this Ordinance, persons shall be considered 'related by blood' where they are in a direct lineal relationship, one to the other, such as parents (inclusive of step-parents) and children (inclusive of step-children), or grandparents. Non-lineal relationships shall not qualify as constituting members of a "family" for purposes of this Ordinance. Individuals providing domestic services employed on the premises may be housed on the premises without being counted as family. A family as herein defined specifically excludes individuals and groups occupying a boarding or rooming house, lodging house, club, fraternity, dormitory, hotel or other similar living environment.
An enclosing or dividing barrier for land, yard or gardens made of wood, stone, metal or other suitable materials which is intended to prevent straying from within or intrusion from without. Retaining walls shall be considered to be fences subject to the provisions herein to the same extent that such walls protrude above the highest point of the grade.
Floor Area, Gross
The sum of the area of all the floors of a building as measured to the outside surface of exterior walls and including halls, stairways, elevator shafts, closets, restrooms, and similar areas of a structure but excluding basement and subsurface areas that are used only for mechanical equipment and off-street parking.
Floor Area, Gross Leasable
The total floor area designed for tenant occupancy, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls. The "gross leasable area" shall not include the area of loading docks or mechanical and electrical equipment penthouses and rooms.
Floor Area, Net
The floor area of a building, excluding space devoted to fixed hallways, elevator shafts, stairwells, balconies, restrooms, closets, and mechanical areas.
Freestanding Deck or Patio
A deck or patio that is not attached to the primary structure.
An accessory building intended to be used for the storage of automobiles owned by individuals residing in residences which are primary to this accessory use. No private garage shall be used for any business, service, or industry. No private garage may be used for any purpose which would eliminate required off street parking.
Garage, Public or Commercial
A building, other than a private garage, whether accessory or primary, which is used for storage only.
Garage, Automobile Service Station
A lot or area of land together with the structures upon them, which are used for the retail sale of motor fuel and lubricants and which may include the sale and installation of tires, batteries, and other automobile related accessories. The hand washing of automobiles is also included, but the painting, major repair, and body repair of automobile is not included.
A dwelling occupied by no more than eight (8) individuals with disabilities, as defined and protected by the Federal Fair Housing Act, as amended, who live together primarily for purposes relating to their disabilities as the functional equivalent of a family in a shared living arrangement licensed or certified by the appropriate county, commonwealth or federal agency. The term “group living quarters” shall not include convalescent homes, nursing homes, alcohol or drug treatment centers, work release facility for convicts or ex-convicts, or other housing facility serving as an alternative to incarceration.
For the purpose of determining the height limits in all Transitional Surface Zones set forth in this Ordinance and shown on the zoning map, shall be mean sea level elevation unless otherwise specified.
Height of a Building
The vertical measurement between the aver¬age elevation of the proposed finished grade at ground level of the building with the highest portion of the building, exclusive of chimneys, spires, tanks, mechanical penthouses, and antenna(e) which are affixed to or projected from a building for the recep¬tion of commercial radio or television signals, provided that said exceptions do not exceed the maximum permissible height by more than ten (10) feet and are set back from all roof edges one foot for each foot of height over the maximum permissible height of the building.
Home Occupation, Non-Impact
A non-impact home occupation is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.
Any establishment that is dedicated, in whole or in part, to the smoking of a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a “hookah,” and also known as narghile, argileh, shisha, hubble-bubble and goza.
An institution primarily for the inpatient diagnosis, treatment, and other medical care of humans and including related facilities such as laboratory out-patient departments, training facilities, administration, and similar facilities customarily provided by such institutions.
Hotel or Motel
A building or a group of buildings having sleeping accommodations available for temporary rental to transients together with required off-street parking facilities, meeting rooms, common areas, and such establishments for the sale of food and beverage as may be accessory to the primary use. A tourist home shall be considered a hotel or a motel.
Impervious, Hard Surface Coverage
The total paved and built-up area of a lot, including the building coverage, drive¬ways, off-street parking and loading areas, sidewalks, swimming pools, tennis courts other than clay, and similar areas.
In-Home Child Care
The care and/or supervision of no more than five (5) persons under the age of sixteen (16) in a residential home, which persons are not related by blood or marriage to the residents and/or occupants of the dwelling.
An area of land with or without buildings, which is used for the outdoor storage and sale of used or discarded materials including waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, and parts thereof. The deposit or storage of two or more un-licensed, wrecked, or disabled vehicles, or the major parts thereof shall be deemed a junk yard. Vehicles being repaired or awaiting repair for a period not exceeding thirty (30) days by an automobile repair establishment permitted by this Ordinance shall not be classified as a junk yard.
Level of Service (Los)
A quantified measure of traffic congestion which indicates the relative free flow of traffic identified by the following letter scale:
LOS A - Represents the best operating conditions and is considered free flow.
LOS B - Represents reasonably free-flowing conditions but with some influence by others.
LOS C - Represents a constrained constant flow below speed limits.
LOS D - Represents traffic operations approaching unstable flow with severe restrictions in maneuverability.
LOS E - Represents unstable traffic flow near capacity.
LOS F - Represents the worst conditions with heavily congested flow and traffic demand exceeding capacity.
A paved, off-street space, accessible from a street or a driveway, which is to be used by a vehicle for the temporary loading and unloading of merchandise or materials.
A tract of land which is described by a recorded deed or is a part of a recorded subdivision and which is to be used, developed or built upon for one (1) building or a group of buildings when permitted, as a unit under single ownership and which has the required street frontage.
The total horizontal area of the lot except that no portion of the lot within the right of way of a street shall be included in the lot area.
Lot Line, Front
The street line, or the line separating the lot from the street right-of-way.
Lot Line, Rear
Any lot line other than a front lot line, which is parallel with or within forty-five (45) degrees of being parallel with the street line and which does not intersect the street line.
Lot Line, Side
Any lot line which is neither a front nor a rear lot line.
Lot Width at the Building Line
The horizontal measurement of the distance between the side lot lines at the building line, equal to the minimum as required for the zoning district.
MEDICAL MARIJUANA ACT
Act 16 of 2016, 35 P.S. §10231.101, et. seq.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.
Mobile Home Park
A parcel of land under single ownership which has been planned and improved for placement of mobile homes for non-transient use, consisting of two or more mobile home lots.
Nonconforming Building, Lot, or Use
A building, lot, or use which does not comply with one (1) or more of the provisions of this Ordinance, but which was a legal building, lot or use at the time of the enactment of the Ordinance by virtue of its compliance with the provisions of the Zoning Ordinance in effect at the time of its creation or by virtue of the fact that the building, lot, or use was created prior to the enactment of any Zoning Ordinance in this Township. Nonconforming buildings, lots, and uses are governed by the regulations contained in Article X, Section 1010 hereof.
Nudity or State of Nudity
The appearance of the specified anatomical areas without any coverings on the body area.
Any structure, growth or other object, including an immobile object, which exceeds the limiting height set forth in Article X, Section 1008 of this Ordinance.
Off-street parking areas provided on a site other than the one on which the principal use is located.
Off-Street Retail Sales
The sale of any goods, wares or merchandise by any individual, partnership, association, or corporation, or by any agent thereof at an off-street site rented from or owned by any other individual, partnership, association, or corporation when the goods, wares, or merchandise are not being sold or exhibited in connection with the existing business being conducted upon the same premises for which the off-street site is being used.
Overlay Zoning District
A regulatory tool that creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay district can share common boundaries with the base zone or cut across base zone boundaries. Regulations or incentives are attached to the overlay district to protect a specific resource or guide development within a special area.
Any portion of a community or neighborhood shopping center parking facility devoted to on-site patron parking and which for design purposes may be treated as a unit part from other parking areas.
An off-street area for the temporary storage of a motor vehicle. Parking spaces may be provided on lots and/or in garages.
Peak Hour Period
The hour-long period on any given day where the number of vehicular trips generated by a land use or group of land uses is the highest, typically occurring within the morning and evening commuter periods.
Any enclosed or semi-enclosed or unenclosed building/enclosure which houses a commercial establishment with the capacity for one person, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “specific sexual activity” or “specified anatomical areas” for observation of parties therein.
Personal Service Shops
Barber shops, beauty shops, nail salons, dry cleaners, tailors, and other uses which are of the same general character as those enumerated herein. Tattoo parlors, astrology parlors, and massage parlors are not considered to be personal service shops.
Primary Building or Use
A building or use which constitutes the main building or use upon the lot on which it is situated.
Private Recreation Club
Any indoor or outdoor commercial enterprise which receives a membership fee in return for the provision of some recreational activity including but not limited to racquet clubs, health facilities, swimming pools, golf courses, basketball courts, etc.
The office of a physician, lawyer, dentist, architect, professional engineer, clergyman, or a member of similar professions but not including the office of a veterinarian, a real estate office, insurance office, and like offices.
A building used for public worship by an organized con¬gregation, including buildings used for residential, educational, or recreational purposes which are accessory to the main religious assembly use.
Land set aside for public use or ownership as a street, sidewalk, crosswalk, drainage way, utility course, or other similar facility.
A strip of required preserved land adjacent to a perennial or intermittent stream of a width as prescribed herein.
Lands adjacent to water bodies and water courses.
School, College or University
A public or private educational facility having grades K through 12 (or any consecutive combination thereof), and meeting Commonwealth of Pennsylvania requirements, or providing undergraduate, graduate, or post-graduate education, including community colleges, and being accredited. The definition for School, College, or University shall not include Business or Trade Schools, which is defined separately herein.
Senior Independent Living Facility
A building or series of buildings containing independent dwelling units intended to provide housing for persons age fifty-five (55) or older not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for persons age fifty-five (55) or older, as defined above.
A distance from a property line, right-of-way, or easement within which, except for permitted projections, building is prohibited.
Sexual Encounter Center
A business or commercial enterprise that as one of its primary purposes offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between persons of opposite sex; or
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Provides for parking spaces to be shared among different structures or uses and can include properties with different owners.
Any grouping of retail, wholesale, and service establishments which are located on the same or contiguous lot or lots of land.
Shopping Center Satellite Facilities
Any freestanding structure located in any area between the main structure or structures and any lot line.
Any name, nameplate, billboard, poster, panel, display, illustration, structure or device used for visual communication which is affixed, painted, or represented directly or indirectly upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public.
SMOKE SHOP/SMOKING PARLOR
A retail facility offering limited sales of tobacco, tobacco products and other smoking accessories, and offering private areas for the consumption of tobacco or tobacco products on site. This definition shall include Hookah Bar/Lounge uses as defined herein.
Permission or approval granted by the Zoning Hearing Board for an exception in the use, area or other requirements of this Ordinance where specific provision therefore is made in this Ordinance in accordance with the Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988. See Article XII.
Specified Anatomical Areas:
Human genitals, pubic region; anus or
Female breast(s) below a point immediately above the top of the areola and/or female breast(s) partially or completely covering the areola; or
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
Specified Sexual Activities:
Human genitals in state of sexual stimulation or arousal; or
Acts or simulated acts of human masturbation, sexual intercourse, sodomy, oral copulation or bestiality.
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or
Excretory functions as part of, or in connection with any of the activities set forth in subsections 120.a) through 120.c) above.
Includes all land that has a grade of twenty-five percent (25) percent or greater, meaning that the elevation increases by twenty-five (25) feet over a horizontal distance of one hundred (100) feet.
That portion of any building other than the basement included between the surface of any floor and the surface of the floor immediately above it.
A private or publicly owned improved road or right of way, serving as a means of vehicular and pedestrian travel and providing access to more than one lot.
A street connecting to major traffic generators and serving a large volume of comparatively high speed and long distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
A street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to other arterial streets and major regional highways and community facilities.
The width or measurement of a lot at the street line.
The line dividing a lot from the right of way line or edge of a private street or road.
A use in which any person other than a doctor employs any method of placing designs, letters, scrolls, symbols or any other indelible marks or figures upon or under the skin with ink or by insertion of pigment or any other substance resulting in the coloration of the skin or the production of scars by the aid of needles or any other instruments designed to touch or puncture the skin.
Non-permanent living quarters, whether motorized or otherwise, which are primarily intended for recreational, camping, or travel use. Examples include, but are not limited to, recreational motor homes, camper-trailers, and tents.
Shall refer to Upper Darby Township.
A building, structure or land owned and/or operated by Upper Darby Township and used for a public purpose, except that township facilities shall not include public parks or schools.
Those surfaces which extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.
Transitional Surface Zones
A zone established beneath the transitional surfaces adjacent to each runway and approach surface existing at the Airport, the limits of which are defined by a sloping lower surface which slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation which is one hundred seventy (170) feet above mean sea level. Where the Airport has a precision instrument runway approach zone which projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at 90-degree angles to the extended runway centerline.
The purpose for which a building or a lot or tract of land is designed, arranged, intended, maintained, or operated.
A modification granted by the Zoning Hearing Board to an applicant, relieving the applicant from the strict application of the requirement of the Zoning Ordinance as provided in the Municipalities Planning Code.
Veterinary Clinic, Hospital, or Office
A facility designed for the care and treatment of sick or wounded domestic animals and the accessory boarding of the same.
The required open space on the same lot with a building with such space required to be unoccupied and unobstructed by any portion of a structure except as permitted in Article X, Section 1006.
A yard extending the full width of the lot along the street line and not less in depth than the minimum required in each district, measured to the building line. A corner lot shall have a front yard setback on each street on which it abuts. However, when a corner lot abuts on three (3) streets then only two (2) front yard setbacks are required and the remaining frontage shall become a rear yard.
A yard extending the full width of the lot along the rear lot line and not less in depth measured from the structure to the rear lot line than the minimum required in each district. In the case of a corner lot the rear yard will extend only to the front yard setback. There will be one (1) side yard, one (1) rear yard and two front yards for each corner lot. If a corner lot abuts three (3) streets the owner or developer must designate on the plot plan which street frontage shall be the rear yard. Any street frontage which is so designated as a rear yard must be contiguous to the side yard.
A yard extending along the side lot line from the front yard to the rear yard and not less in width measured from the structure to the side lot line than the minimum required in each district.
Upper Darby Township became incorporated as a township on August 31, 1736 from Darby Township. Today, Upper Darby Township is classified as a First Class Township operating under the Pennsylvania Home Rule Charter